도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On May 30, 2016, the Defendant was issued a summary order of KRW 3 million at the Cheongju District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 9, 2020, around 16:36, the Defendant driven a motor vehicle in the E-Sitty under the influence of alcohol concentration of approximately 600 meters from the section of approximately 600 meters, from the road front of the pentari City Bpenta to the road front of the "D" car page in the Gongju City.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. The defendant's legal statement, traffic accident report, enforcement manual, circumstantial statement report on the home-employed driver, investigation report (report on the circumstances of the home-employed driver), and cd; and
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of this case, including the following circumstances and Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered by the sentence.
D. Unfavorable circumstances: The act of committing the same kind of crime again after the lapse of four years from the past, despite the power already punished for drinking driving, and the blood alcohol concentration is extremely high, and it was reported that the risk of drinking driving cannot be easily seen: The fact that the mistake is recognized and reflected, and the distance of drinking driving is not long.